NARESH GAUR Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) THE four petitioners by this petition impugn the order dated 17 th November, 2009 of the Public Grievances Commission (PGC) and seek mandamus for fresh demarcation of land by the respondents no.1&2. It is the case of the petitioners that they have been in continuous possession of land bearing Khasras No.89/2, 93, 94, 180, 267, 269/2, 463 in Village Chhawla, Delhi for the last four decades; that in the consolidation proceedings held between the years 1972 and 1975 in the said village they were allotted plots which fall under Khasras No.89/2, 93, 94, 180, 182, 267, 269/2 & 463 and on which plots the petitioners have made their houses which exist since the year 1972-75. It is further their claim that the aforesaid plots are adjoining to main metal road 62 ft. wide comprised in Khasra No.189. THEy filed this petition when facing threat of demolition of their houses by the respondents pursuant to the direction in the order dated 17th November, 2009 of the PGC.

(2.) A perusal of the said order of the PGC shows that a complaint was made by the villagers of the village of Chhawla of encroachment of the main road of the village. It was their case that the said main road has a width of 120 ft. up to phirni and 80 ft. within phirni but the width had been reduced to 35 ft. within the village owing to encroachments on both sides. It was the complaint of the said villagers that inspite of complaints no action for removal of encroachments had been taken by the authorities.

(3.) THE only claim by the petitioners is for fresh demarcation to determine whether the land in their occupation is in Khasra No.189 which is the khasra number of the road; they claim their houses to be on other khasra numbers aforesaid. THE demarcation report on which PGC relied and placed before this Court also does not show whether the notice of demarcation was issued to the petitioners or not and whether the petitioners were present at the time demarcation was carried out or not. THE petitioners claim they were not.